R. v. Braid Date:, 2012 BCPC 466

Citation: R. v. Braid Date: 20121212 2012 BCPC 0466 File No: 60299-2C Registry: Chilliwack IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JORDAN BRAID ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE MACKAY Counsel for the Crown: K. Andani Counsel for the Accused: G.J. Harris, Q.C Place of Hearing: Chilliwack , B.C. Date of Hearing: December 12, 2012 Date of Judgment: December 12, 2012 [ 1 ] THE COURT: Mr. Braid has entered a guilty plea to a charge under the Motor Vehicle Act of driving without due care and

attention. [ 2 ] The circumstances I have heard, it is trite to say, are amongst the most troubling that certainly I have dealt with and that I am aware of having been dealt with in courts at this level. [ 3 ] From time to time, tragic occurrences take place that scar all of us as human beings. Nobody goes through their lives, I suppose, without experiencing disappointment and worse, suffering. The suffering of the sort that results from a death of a loved one, particularly a child, is if not the worst sort of suffering one can imagine; it must be up there near the worst.

My heart goes out to you ma'am and to the entire family of the young man who lost his life, and indeed to the young man injured as a result of this occurrence. Any of my words are completely inadequate to express my condolences and sorrow for you. [ 4 ] What I do know from hearing the submissions of Crown and defence in this case is the young man before me who has entered a guilty plea as a result of this has taken the most responsible and most compassionate route he can to account for his behaviour. What was a momentary lapse of judgment has turned into an awful incident that he -- and I accept what Mr.

Harris has said -- is going to have to deal with the rest of his life. Indeed, he bears a physical scar that will be a reminder of that. [ 5 ] His words to me indicate that he is sincere in his remorse and indicate to me also, from what I have been told of his background and his character, that he is going to do his utmost as best he can to use this experience throughout the rest of his career and life to try to get a message out to others -- indeed to all of us in society -- that the cars that we drive on the roads every day are potentially destructive machines.

We have all heard that message before and yet all of us, myself included, from time to time will lose focus on attention. All it takes is a second for something like this to happen. [ 6 ] It is my task to impose a sentence on Mr. Braid. I must say that both counsel have been thorough and fair and indeed very empathetic to these very tragic circumstances. [ 7 ] I am familiar with some of the cases that have been put before me by Ms. Andani and Mr. Harris. Indeed, I think they indicate that the penalty that is sought here is an appropriate penalty.

I cannot see particularly any reason to depart from, in particular, the fine that was imposed in the R. v. Kostiuk , 2011 BCPC 117 case. [ 8 ] The only distinction I can draw from the Kostiuk , supra , case to this is, as Ms. Andani points out, that that was in an urban area. Otherwise it involved a young RCMP officer who was engaged in doing her best at the time to try to be of service as it was her duty to do and had very tragic circumstances similar to the ones at bar befall her. [ 9 ] Therefore -- Mr.

Braid, I will ask you stand up now -- I am satisfied, having regard to all the appropriate principles of sentencing here and to this young man's good character, his lack of previous record, and what I have been told about his plans for the future, that a $1,500 fine will be sufficient to send a message -- as best I can do in imposing a sentence -- to others that one needs to be diligent and mindful of what one is doing behind the wheel of a vehicle at all times. The fine will therefore be $1,500. [ 10 ] Mr. Harris, I have not heard from you about time to pay. I am certainly willing to consider it. [ 11 ] MR.

HARRIS: Perhaps he could have until the end of April; four months. [ 12 ] THE COURT: All right. April 30th, 2013 time to pay. Ms. Andani remind me, is there a victim fine surcharge on this? [ 13 ] MS. ANDANI: Yes, there is. [ 14 ] THE COURT: All right. It is not appropriate to waive that under the circumstances. I think it is 15 percent if I am not mistaken, so that -- [ 15 ] MR. HARRIS: Payable by April 30th as well? [ 16 ] THE COURT: As well, yes. [ 17 ] MR. HARRIS: Thank you. [ 18 ] THE COURT: All right.

In closing Constable Braid I do hope that you carry this experience with you and do find a way to use it in future to carry a message to other people of what degree and what scale of tragedy can befall one from a moment's inattention. I do commend you as well I should say on your being willing to step forward and take responsibility for this. That speaks well of your character. [ 19 ] MR. BRAID: Thank you. [ 20 ] THE COURT: Thank you. [ 21 ] MS. ANDANI: The Crown directs a stay of proceedings with respect to the other Information. __________________ R.C. MacKay J